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本帖最后由 大饼 于 2020-12-20 22:03 编辑
咱们来贴上全文看看法规到底怎么规定,还是legislation NSW的噪音控制法规,链接在我前面的回复里
第一部分,先来看噪音规定
Protection of the Environment Operations (Noise Control) Regulation 2008
Schedule 1 Prescribed noise levels for types of motor vehicles
Page 40
2008 No 40
Schedule 1 Prescribed noise levels for types of
motor vehicles
(Clause 4)
1 Stationary noise levels—motor car and motor cycle
The stationary noise level of a motor car or motor cycle, must not
exceed:
(a) for a motor car built on or after 1 January 1983—90 dB(A), or
(b) for a motor car built before 1 January 1983—96 dB(A), or
(c) for a motor cycle designed or manufactured for use on a road that
was built on or after 1 March 1984—94 dB(A), or
(d) for any other motor cycle—100 dB(A).
见标红段,这是法规测量噪音的标准,即车辆静止状态下的整体噪音,而不是其他任何状态下的噪音,其他的分类只是不同的engine类型,但是标准都是stationary noise level(一些特殊的机器除外,如除草机)
第二部分,再说在居民区使用车辆
Clause 14 Protection of the Environment Operations (Noise Control) Regulation 2008
Part 2 Motor vehicle and motor vehicle accessories
2008 No 40
14 Use of motor vehicles on residential premises
(1) A person must not cause or permit a motor vehicle to be used on
residential premises in such a manner that it emits noise that can be
heard within a habitable room in any other residential premises
(regardless of whether any door or window to that room is open):
(a) before 8 am or after 8 pm on any Saturday, Sunday or public
holiday, or
(b) before 7 am or after 8 pm on any other day.
Maximum penalty: 100 penalty units in the case of a corporation,
50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under this clause unless:
(a) the person has, within 7 days after causing or permitting a motor
vehicle to be used in such a manner, been warned by an
authorised officer or enforcement officer not to cause or permit
the motor vehicle to be used in that manner, and
(b) the person causes or permits the motor vehicle to be used in that
manner within 28 days after the warning has been given.
(3) A person is not guilty of an offence under this clause merely because
noise is emitted from the motor vehicle while the motor vehicle is
entering or leaving residential premises.
见标红段,你邻居有辆车或者摩托,你觉得吵,但是如果你邻居目的只是离家或者回家,也是合法的
第三部分,车辆改装
1、销售部分
Protection of the Environment Operations (Noise Control) Regulation 2008 Clause 4
Motor vehicle and motor vehicle accessories Part 2
2008 No 40
Part 2 Motor vehicle and motor vehicle accessories
Division 1 Sale of motor vehicles and motor vehicle
accessories
Note. Section 136 of the Act creates an offence of selling any article of a class prescribed by
the regulations if, when in use or operation, the article emits noise in excess of a prescribed
level.
A person who is guilty of an offence under section 136 of the Act is liable, on conviction:
(a) in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case
of a continuing offence, to a further penalty not exceeding $120,000 for each day the
offence continues, or
(b) in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a
continuing offence, to a further penalty not exceeding $60,000 for each day the offence
continues (Section 141 of the Act).
Subdivision 1 Motor vehicles and related articles
4 Sale of motor vehicles generally
For the purposes of section 136 of the Act:
(a) motor vehicles, other than special purpose motor vehicles, are a
prescribed class of articles, and
(b) the prescribed level for a motor vehicle of a particular type that is
certified to ADR 83/00 is:
(i) if the compliance plate date of the vehicle is on or before
the date that is 2 years after the commencement of this
Regulation—the noise level established by ADR 83/00 for
a motor vehicle of that type when stationary plus 5 dB(A)
or the noise level specified in Schedule 1 for a motor
vehicle of that type, whichever is the greater, and
(ii) in any other case—the noise level established by
ADR 83/00 for a motor vehicle of that type when
stationary plus 5 dB(A), and
(c) the prescribed level for a motor vehicle of a particular type that is
not certified to ADR 83/00 is the noise level specified in
Schedule 1 for a motor vehicle of that type.
5 Sale of used motor vehicles with defective noise control equipment
(1) A person must not sell a used motor vehicle if:
(a) the motor vehicle has defective noise control equipment, or
(b) the motor vehicle’s noise control equipment is not securely in
place or has been removed and not replaced, or
(c) the motor vehicle has temporary noise reduction packing, or
(d) the motor vehicle has a temporary noise reduction device fitted.
Maximum penalty: 100 penalty units in the case of a corporation,
50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under subclause (1) (c) or (d) if the
conduct alleged to give rise to the offence occurs within 6 months after
the commencement of this Regulation.
(3) A person is not guilty of an offence under subclause (1) (d) if the
temporary noise reduction device:
(a) was fitted by the vehicle manufacturer, or is an equivalent
replacement for any such device fitted by the vehicle
manufacturer, or
(b) is a plate, baffle or other device that is part of a muffler, resonator
or the like and is fitted to a motor cycle.
2、使用和改装部分
Protection of the Environment Operations (Noise Control) Regulation 2008 Clause 16
Motor vehicle and motor vehicle accessories Part 2
2008 No 40
18 Drive or use motor vehicle on road or road related area if noise control
equipment defective or modified
(1) A person must not cause or permit a motor vehicle to be driven or used
on a road or road related area if:
(a) the motor vehicle has defective noise control equipment, or
(b) the motor vehicle’s noise control equipment is not securely in
place or has been removed and not replaced, or
(c) the motor vehicle has temporary noise reduction packing, or
(d) the motor vehicle has a temporary noise reduction device fitted.
Maximum penalty: 100 penalty units in the case of a corporation,
50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under subclause (1) (c) or (d) if the
conduct alleged to give rise to the offence occurs within 6 months after
the commencement of this Regulation.
(3) A person is not guilty of an offence under subclause (1) (d) if the
temporary noise reduction device:
(a) was fitted by the vehicle manufacturer, or is an equivalent
replacement for any such device fitted by the vehicle
manufacturer, or
(b) is a plate, baffle or other device that is part of a muffler, resonator
or the like and is fitted to a motor cycle.
19 Repairs and modifications
(1) A person must not cause or permit a motor vehicle to be modified or
repaired so that:
(a) the motor vehicle has defective noise control equipment, or
(b) the motor vehicle’s noise control equipment is not securely in
place or has been removed and not replaced, or
(c) the motor vehicle has temporary noise reduction packing, or
(d) the motor vehicle has a temporary noise reduction device fitted.
Maximum penalty: 100 penalty units in the case of a corporation,
50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under subclause (1) (c) or (d) if the
conduct alleged to give rise to the offence occurs within 6 months after
the commencement of this Regulation.
(3) A person is not guilty of an offence under subclause (1) (d) if the
temporary noise reduction device:
(a) was fitted by the vehicle manufacturer, or is an equivalent
replacement for any such device fitted by the vehicle
manufacturer, or
(b) is a plate, baffle or other device that is part of a muffler, resonator
or the like and is fitted to a motor cycle.
见标红段,摩托车排气筒的消音装置改装是法规豁免的 |
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